Good job!!   

Bumping

As I updated in the first post, I called today. They ARE redoing the forums!  I HOPE they will be acceptable this time.  August 1 will tell

Thanks again everyone!

Yes, I incorrectly interchanged decision with settlement at a couple points even though the portion I highlighted I put under agreement. To underscore from earlier La Petite admitted no wrong doing and submitted its own policy changes under the settlement.

Edited for correction in a couple spots, will get the other(s) post-caffeine.

Another good link for a sample 504 is

http://www.foodallergyadvocate.com/504Plan.htm

(sorry if this has already been posted, but this article was so helpful to me early in our process)

I just want to clarify.  There was no La Petite decision.  The parties agreed to settle.  So it was not a "decision in no uncertain terms".  The case was never tried and a decision was never made.  Still you can use this to your advantage.  It is unlikely that your school will research the La Petite case to such a great degree.  When dd was in preschool I used the La Petitie settlement to get the director to stop acting like she did me a huge favor by accepting dd with her epipen.  I copied the La Petite Settlement (it is public record), got a highlighter, highlighted the dollar amount (somewhere around $55,000) and gave it to her.  That was enough to make her realize that the law is on the side of the disabled child.  Nevertheless if they really research it they will find that no decision was made.

Twinturbo, Thank you!  This is exactly what I need!  I have a baby who hates to sleep so my brain power is limited at best! lol

You are an amazing group here and thank you all for all the help, encouragement and tips!  I hope to get the Drs letters next week and submit my 504 request at that time.  Hopefully they will hear from the lawyers before that on the other issues.

I also wanted to ask, do you need to reapply for a 504 yearly?

The absolute answer is yes, but with qualifiers. With respect to that waiver they want you to sign, no, that isn't legal no matter what their internal school policies are. They can't overwrite federal disability law, as La Petite montessori found out. The settlement in no uncertain terms is that the epis must be kept on site for administration as needed and that a caregiver must provide emergency medications.

Sounds good, right? Well, what is not spelled out is where stored, under what circumstances, and who will have access at what point to the epinephrine auto-injectors. Unless your state has specific law allowing a child to self-carry and that child is old enough to self-carry or is mature enough, many times the epinephrine is kept under lock and key accessible only by a school nurse. This is not a medically recommended storage.

This also fails to address many other issues such as field trips, substitute teachers, epinephrine injection training, school buses, field trips, how the administration of medications is done according to the emergency action plan for indicated symptoms, how the child will get to the rescue medication if a reaction is suspected (alone, or nurse comes to child), how far away the medication is or does it travel with the child to all locations, classes... saying nothing of PREVENTION of a reaction.

What you will probably want is the La Petite letter for precedence. The Department of Justice is both the resource and has jurisdiction for Title II and Title III of ADA, they will be your enforcers here. I will provide a link to the La Petite settlement for you to read through. It will have the decision, the federal codes (which I can find later to read if given enough time), and has named representatives from the Department of Justice.

You will want to read that through a few times to understand the whole of what is required because it will name what the parent must provide and what medical information must be provided. It is also a voluntary document that La Petite came up with in order to settle the matter (Agreement points 9-11) more to avoid the DOJ coming down on them. Essentially, they decided to change the policy before it was decided for them. That is worth noting.

This was the complaint.

QuoteThe Jester, Bownds, and Carrabine Complaints allege that La Petite discriminated against children with severe allergies and their families by maintaining a policy of not administering the EpiPen, Jr. (a disposable device used to administer a pre-measured dose of epinephrine to children with severe allergies) to children in their custody who suffered severe allergic reactions. La Petite's policy at that time was to call 911 and request that Emergency Medical Services personnel be dispatched to administer the EpiPen, Jr.

This was the agreement by La Petite.

Quote9. La Petite does not admit that any action it has taken violates title III of the ADA. This Agreement shall not be construed as an admission of liability by La Petite.

10. To avoid unnecessary and costly litigation, the parties hereby agree to the provisions set forth in paragraphs 11 and 12 below.

11. La Petite hereby agrees that the document entitled "La Petite Academy, Inc. Policy for Administering Emergency Treatment to Children with Severe Allergies," attached hereto as Attachment A, has been adopted by La Petite as its policy for treating children with severe allergies, including its policy for administering epinephrine through the use of the EpiPen, Jr. La Petite further agrees not to modify the policy without the prior written consent of the Department.

What you will further want to capitalize on is public schools fall under the jurisdiction of overlapping disability laws that extend where overlapping rather than limit. So Title III applies, further extended by Title II and then Section 504 (seated within the Dept of Education federal regulations and overseen by the Office of Civil Rights). Also check your state codes for two items (1) that a child may self-carry (2) what EMTs may administer pediatric epinephrine and which rescue trucks carry such level of EMT and the pediatric epinephrine itself. Why does that matter? If the school would like to call for a rescue truck to do it and most EMTs either aren't allowed to administer pediatric epinephrine that could matter.

Side note to myself, I gotta get my hands on  42 U.S.C. § 12188(b)(1)(B) because that was some juicy statement about the Attorney General filing a civil suit in federal court for a pattern or practice of discrimination.

I have calls into our allergist and GI docs.  Allergist said this was new to him so I emailed him some info.  Said I'll have something by Tuesday! Yeah!


So back to the original question.  Are schools legally required to give epi pen's to students?

If it's possible, I'd address both the LTFA and the celiac.  Both conditions are qualifying, and both require related/similar accommodations of their own. 

The access portion of things is going to look very very similar for both conditions (that is, not using recycled containers in art/science, not sharing mouthpieces in music/specials, etc.)... but the HEALTHCARE piece of things (emergency management) will obviously be different.

Much in the way of specifics depends upon your school's layout and normal procedures (is there a dedicated cafeteria? a school nurse?  etc.), and also to a large degree on your child's particular allergens, personality and reaction history.  It really does need to be highly individual so as not to be too limiting beyond what the child in question actually needs.   

Thanks CM and rebekahc.

CM, what rebekah listed was what I was looking for.  I just am wondering what other people ask for in terms of the accommodations.    I am just swimming in all this along with other issues at the moment and can't seem to focus on anything   I still haven't heard from the allergist.  Wondering when I should call back for a progress report on that.  I am also going to call our GI Doc if I can get to it today.  I think I need to send samples to them of what I need because it doesn't sound like they know what I am asking for. 

rebekah, Celiac is covered. I only know this because of a conference on the subject.  That's why I am wondering if I would have less trouble with the school if I get letters from both. 

Again, thank you so much for all your help so far.  I wish there were just a form to fill out, ya know?  I keep looking at the one document with Parts A-Z plus wondering if I need to do all that (explaining what an allergy/Celiac is down to what I would like as for accommodations). 

Never a good time for extra stress but this is just a really hard time in life here and this is not making it any easier!


Truly, thanks of all your help!!

Also, if you're asking what do you ask for in your child's 504 plan, the reason you're not finding it spelled out is that plans are individual and tailored to each child's needs in their school.

Some of the basics to think about would be:

1.  Food brought into the classroom by parents/teachers/others.
2.  Food used as part of classroom instruction - even if it's not to be consumed.
3.  Birthdays/holidays/celebrations.
4.  Food rewards for the entire class/grade/school.
5.  Lunch and snack logistics.
6.  Substitute teachers.
7.  Field trips.
8.  Accessibility of medication and trained personnel.
9.  School bus.
10.  Specials classes.
11.  Use of the child's classroom outside of normal school hours (by community groups, tutoring after school, etc.).
12.  Use of the child's desk by others.
13.  Classroom and lunchroom cleaning procedures.
14.  Hand washing to prevent contamination of surfaces.
15.  Special activities need to be inclusive (bake sales, science night, field day, school carnival, etc.)

ETA:  As for what to ask for from your doctors - you need the letter to state the condition in terms that would cover it under the ADAA.  Food allergies aren't covered, but life-threatening food allergies are.  (I'm not sure, but Celiac may not be a qualifying condition.)  Also, the letter should list the ways your child is impaired - eating, breathing, self-care, etc.  I know there are good examples of dr letters here for you to look at.

Quote from: MomTo3 on April 24, 2012, 07:13:15 PM
So what do I ask for?  I have been reading and reading but am not finding XYZ. Maybe my head is just swimming and in overdrive but I am not finding what I need.

It's enough to make anyone's head spin initially.  It is pretty overwhelming to dive in and start reading.  We've all been there, and with time, it will all start to make more sense.  What are you seeking, more specifically?

XYZ doesn't spell it out enough for me to know exactly what you are hoping to locate.  We can definitely help you to narrow things down and find resources, but you may need to share what you do know in order for us to know what you DO NOT yet know.  Does that make sense?

So what do I ask for?  I have been reading and reading but am not finding XYZ. Maybe my head is just swimming and in overdrive but I am not finding what I need.

It is much better (and easier) to get the 504 Plan BEFORE your child starts Kindergarten, than after.  Good job being proactive.  We can help you through the process.  Stay calm, confident, and direct. If they say things to you that sound manipulative or incorrect, say things like "Really? Can I get that in writing?" or "Let me get back to you on that" or "Why would you think that?" etc.

Remember, a Kindergartener is too young to care for him/herself, read labels, self-administer medication, make judgments about safe food, and negotiate for his/her inclusion.  The purpose of the 504 is to keep your child safe and included at school.  The ADA Amendment made it clear that life threatening food allergies are covered by Section 504 and the ADA.  The law is on your side. Their paperwork is out of date and illegal, and their lawyers will tell them that as soon as they look into it.  Good job not signing.

Do you think having 2 letters from 2 Dr's for 2 different conditions would be better? He has multiple FAs and Celiac.